ORS 162.315
Resisting arrest


(1)

A person commits the crime of resisting arrest if the person intentionally resists a person known by the person to be a peace officer or parole and probation officer in making an arrest.

(2)

As used in this section:

(a)

“Arrest” has the meaning given that term in ORS 133.005 (Definitions for ORS 133.005 to 133.400 and 133.410 to 133.450) and includes, but is not limited to, the booking process.

(b)

“Parole and probation officer” has the meaning given that term in ORS 181A.355 (Definitions for ORS 181A.355 to 181A.689).

(c)

“Resists” means the use or threatened use of violence, physical force or any other means that creates a substantial risk of physical injury to any person and includes, but is not limited to, behavior clearly intended to prevent being taken into custody by overcoming the actions of the arresting officer. The behavior does not have to result in actual physical injury to an officer. Passive resistance does not constitute behavior intended to prevent being taken into custody.

(3)

It is no defense to a prosecution under this section that the peace officer or parole and probation officer lacked legal authority to make the arrest or book the person, provided the officer was acting under color of official authority.

(4)

Resisting arrest is a Class A misdemeanor. [1971 c.743 §206; 1989 c.877 §1; 1997 c.749 §3; 2005 c.668 §2]

Source: Section 162.315 — Resisting arrest, https://www.­oregonlegislature.­gov/bills_laws/ors/ors162.­html.

Notes of Decisions

Language of this section includes resisting arrest of another person, as well as resisting one’s own arrest. State v. Brandon, 35 Or App 661, 582 P2d 52 (1978), Sup Ct review denied

This section is not unconstitutionally vague or overbroad. State v. Crane, 46 Or App 547, 612 P2d 735 (1980), Sup Ct review denied

Though this section defines “resist” in alternative forms, complaint charging defendant with resisting arrest in language of statute was sufficiently specific to survive demurrer. State v. Strandquist, 57 Or App 404, 644 P2d 658 (1982), Sup Ct review denied

Where arrested defendant’s thrashing about was intended to help others resist her arrest, trial court did not err in denying defendant’s motion for judgment of acquittal on resisting arrest charge. State v. Hasan, 93 Or App 142, 760 P2d 1377 (1988)

Trial court properly denied motion for judgment of acquittal where evidence was sufficient for jury to find defendant’s conduct was not passive but posed substantial risk of injury to others. State v. Hutchinson, 94 Or App 441, 765 P2d 248 (1988)

Former version of this section encompasses resistance both at precise moment one is placed under arrest and while en route to police station for booking. State v. Bolden, 104 Or App 356, 801 P2d 863 (1990), Sup Ct review denied

Specific exclusion of passive resistance from scope of statute prohibits local ordinance against hindering police officer by failing to leave area when given lawful order. City of Eugene v. Kruk, 128 Or App 415, 875 P2d 1190 (1994)

Passive resistance provision preempts local ordinance from enforcing police order to disperse. City of Portland v. Roth, 130 Or App 179, 880 P2d 967 (1994), Sup Ct review denied

Elements of offense are established by exertion of resistance in general without regard to what resistance is exerted against individual officers. State v. Owens, 159 Or App 80, 979 P2d 284 (1999), Sup Ct review denied

To constitute resisting arrest, behavior must be intended to resist custodial status. State v. Powell, 209 Or App 255, 147 P3d 933 (2006)

“Arrest” includes being taken into custody for violating parole. State v. McClure, 256 Or App 200, 300 P3d 210 (2013), aff’d 355 Or 704, 335 P3d 1260 (2014)

Where defendant did not know defendant was under arrest, defendant could not resist arrest because this section requires defendant to act intentionally to resist arrest and such conscious objective requires knowledge of arrest. State v. Olive, 259 Or App 104, 312 P3d 588 (2013)

As used in this section, “resisting arrest” means resisting “actual or constructive restraint” whether or not that restraint is for purpose of charging person with offense. State v. McClure, 355 Or 704, 335 P3d 1260 (2014)

162.005
Definitions for ORS 162.005 to 162.425
162.015
Bribe giving
162.025
Bribe receiving
162.035
Bribery defenses
162.055
Definitions for ORS 162.055 to 162.425
162.065
Perjury
162.075
False swearing
162.085
Unsworn falsification
162.095
Defenses to perjury and false swearing limited
162.105
Retraction as defense
162.115
Corroboration of falsity required
162.117
Public investment fraud
162.118
Illegal conduct by State Treasury not a defense
162.119
Public fraud as racketeering activity
162.121
Construction of ORS 162.117 to 162.121
162.135
Definitions for ORS 162.135 to 162.205
162.145
Escape in the third degree
162.155
Escape in the second degree
162.165
Escape in the first degree
162.175
Unauthorized departure
162.185
Supplying contraband
162.193
Failure to appear
162.195
Failure to appear in the second degree
162.205
Failure to appear in the first degree
162.225
Definitions for ORS 162.225 to 162.375
162.235
Obstructing governmental or judicial administration
162.245
Refusing to assist a peace officer
162.247
Interfering with a peace officer or parole and probation officer
162.255
Refusing to assist in fire-fighting operations
162.257
Interfering with a firefighter or emergency medical services provider
162.265
Bribing a witness
162.275
Bribe receiving by a witness
162.285
Tampering with a witness
162.295
Tampering with physical evidence
162.305
Tampering with public records
162.315
Resisting arrest
162.325
Hindering prosecution
162.335
Compounding
162.345
Defenses for hindering or compounding limited
162.355
Simulating legal process
162.365
Criminal impersonation of a public servant
162.367
Criminal impersonation of a peace officer
162.369
Possession of a false law enforcement identification card
162.375
Initiating a false report
162.385
Giving false information to a peace officer in connection with a citation or warrant
162.405
Official misconduct in the second degree
162.415
Official misconduct in the first degree
162.425
Misuse of confidential information
162.455
Interfering with legislative operations
162.465
Unlawful legislative lobbying
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